Waterfront Vigilante-ism Gets An Airing In The Article
written by M Pigneguy published in Professional Skipper Magazine.
“ He suggested in court that there was a conspiracy by members in the maritime fraternity to bring this prosecution against him, notwithstanding the witnesses for the prosecution did not know either of the conspirators Mr Bolton suggested had put the witness up to the prosecution” – Judge Davis then wrongly rejects there was any conspiracy
A Conspiracy is defined as “any concurrence in action – a combination in bringing about a given result.”
A Vigilante is defined as “one of an organized group of citizens who take upon themselves the protection of their district.”
Accordingly it is apparent that there was indeed, both joint effort & single minded type action driving this prosecution without any consideration that Bolton might not be guilty.
Bolton gave evidence in Court that he first become aware of the antagonism of Keith Ingram, editor of Professional Skipper Magazine when a ‘Net the Charter Pirates’ website was created with Classique as its prime entry in 2006. “The Auckland Yacht Classique has been detained by Maritime New Zealand in Auckland for suspected illegal charter work involving live aboard voyages”
Bolton responded in 2008“It has been drawn to my attention that there is a posting regarding Classique on your Pirates site. Not only is your information incorrect , there was never any detention re chartering illegally, but the restraint by Maritime NZ regarding a Cat 1 requirement was removed Sept ’08 having to do with a Cat 1 inspection of a yacht older than 10 years – drawing of a keel bolt & internal inspection of steel keel plating comprising an effluent tank.
A 12 mile limit was imposed, East Cape to Nth Cape until a subsequent haulout this year. Replacement of the keel was regarded as the best remedy. Attached is the letter notifying of Maritime NZ’s release/compliance.”
These postings remain today as the raison d’etre for the site.
Phillip Wardale, manager of Bayswater Marina trespassed Classique in 2008 from using the public dock at the Marina as he didn’t want to be seen by his Charter Boat berth- holders as assisting Classique in what he described as illegal chartering. This trespassing was contrary to the original resource consent given to Marina requiring this facility to be available for use of craft moored outside. Wardale had become frustrated over the years – he had been notifying MNZ each time Classique booked a slip prior to boarding its crews for offshore voyages to the Kermadecs & Minerva Reefs which had begun back in the 1980s. He complained that MNZ had wasted 10s of $1000s investigating but hadn’t prosecuted Bolton. Both Ingram & Wardale believed Classique’s crews were illegal charters, although MNZ had ensured each crew before departure understood their status as crew & their contributions as reasonable – all crews were performing duties essential, both above & below decks, to make the voyages.
When MNZ decided to proceed with Pigneyguy’s unlikely Incident Report without checking for feasibility or notifying TAIC as is mandatory, Court Documents disclosed Ingram had been emailing MNZ of his surprise that Classique had a wheelhouse with controls & that MNZ had not prosecuted anyone for the incidents he had reported to them. During MNZ’s investigation, about 11 times Bolton was referred to as going inside & going below as if he should’ve been on the outside helm, which initially unbeknown to them or Pigneyguy had no controls.
During the hearing, Mr Pigneyguy divulged his 10 or 12 year association with Mr Ingram as a contributor to the Professional Skipper Magazine & that he used to be chair person of the Auckland Charterboat Assn saying …
“It was general knowledge of what Classique was up to at the time. Everyone knew about it over the years… ever since the mid-80s”
M Pigneyguy recognised Classique as he turned towards it after turning at Sth Motuihe. He took photos instead of sounding mandatory sound signals to notify Classique of any concern he might have had & turned incrementally towards her to artificially create a close-quarters to complain about … at the same time using the situation to educate trainee watch-keeper Phillip Sweetman in the pedantic use of a camera & sharing of data in the event a prosecution required evidence in Court.
Judge Davis can admit to having an ignorance of Nautical Matters but this type of land based history could be irrefutable evidence as to why this prosecution was held in a District Court which wrongfully imposed the most severe penalty & criminal conviction in Legal history for a non- contact incident, through a miscarriage of Justice, rather than leaving it to the Nautically competent Transport Accident Investigation Commission established for the purpose of determining the circumstances, to avoid similar occurrences in future, for the benefit of the Maritime community esp in areas where ferries have Regular Runs.
Keith Ingram sets up his roll of dishonor in professional Skipper Magazine
for Classique as it’s prime subject.
Phillip Wardale trespasses Classique from Bayswater Marina contrary to
Resource consent which provided for craft moored outside the Marina.